Does an arrest warrant show up on a pre employment background check?
Wellington, CO |
I was arrested last night on a felony warrant for theft. I had no idea I even had a case against me. it looks like I recived food stamps and medicare for a period of 3 months that I was not entitled to. What is the common sentence? Thanks
The arrest will make its way into the CBI public web site, YES. Even if you later correct the problem and do not get convicted, the arrest will still be recorded and have to be dealt with separately in a sealing action.
Yes, the arrest will likely appear on a background check. Additionally, employers are getting more savvy in how they phrase questions on applications. They are likely to ask you if you have any convictions or any pending charges.
I would suggest that you contact my friend, Sarah Schielke in Fort Collins. She's a great lawyer.
Best of luck to you.
Denver Criminal Defense
No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.
Yes, the arrest will show up on CCIC (the CO computer system) and NCIC (the FBI computer system). Sorry.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.
Unfortunately, the arrest will appear on your criminal history. As to the second question, the common or presumptive sentence will depend on the class of felony that you allegedly violated. The presumptive sentence for a Class 4 Felony is between 2 and 6 years in prison and a Class 3 Felony is 4 to 12 years in prison. As opposed to the presumptive sentence, the sentence as applied to you will vary depending on the value in question, prior criminal history, and other aggravating or mitigating circumstances as you or your attorney may present to the court.
I agree with my colleagues on the background check information, but I don't want to worry you about prison time yet. While the 'presumptive' sentence described by one of the other attorneys is correct there is no requirement that you serve any time in jail or prison. As a former DA myself, I can tell you that most thefts like the one you described are dealt with through probation unless you have prior felony convictions. The since the sentence is going to be probation regardless the key to your case will be keeping the felony conviction off your record with either a plea bargain or proving you didn't have the level of intent required to be convicted of the crime. My firm offers free one hour consultations, and I would be happy to discuss your case further if you do not already have an attorney.